There’s a snowbank to your right, so you try to move your car as far out of the roadway as possible but it’s still a potential hazard to other traffic.
What’s required of you under the law?

Questions about the legalities and liabilities around what to do in the event of a vehicle breakdown on a public roadway have arisen in light of a recent incident on Highway 105 on Kellys Mountain. A Cape Breton-Victoria Regional School Board bus struck a trailer that had been attached to a transfer truck that broke down and was left partially in the roadway. While the truck was removed, the trailer was left behind overnight.

The 11 students on board at the time of the crash sustained only bumps and bruises. The bus driver had to be extricated using the Jaws of Life and was transported to hospital in Halifax for treatment of serious injuries as a precaution.

“The circumstances of why the trailer was left partially on the highway are part of that investigation,” Clarke stated. “An RCMP collision analyst attended the scene to gather evidence and is undertaking a detailed examination of the circumstances of the collision. If charges are laid as a result of our investigation, the RCMP will provide an update.”

The Motor Vehicle Act also has provisions for failing to park as far as possible off roadway; parking when less than 4.5 metres of roadway width remains for traffic; parking commercial vehicles on a highway for longer than two consecutive hours; failing to display lights as required when parked on highway; and failing to display marker lights or reflectors as required, Clarke noted.

The fines for those offences range from $151.25 to $352.50, in addition to potential criminal or civil liability.